Privacy News Stories

Excerpts of Key Privacy News Stories in Major Media

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The nation’s biggest telecommunications companies, working closely with the White House, have mounted a secretive lobbying campaign to get Congress to quickly approve a measure wiping out all private lawsuits against them for assisting the U.S. intelligence community’s warrantless surveillance programs. The campaign — which involves some of Washington's most prominent lobbying and law firms — has taken on new urgency in recent weeks because of fears that a U.S. appellate court in San Francisco is poised to rule that the lawsuits should be allowed to proceed. If that happens, the telecom companies say, they may be forced to terminate their cooperation with the U.S. intelligence community — or risk potentially crippling damage awards for allegedly turning over personal information about their customers to the government without a judicial warrant. But critics say the language proposed by the White House — drafted in close cooperation with the industry officials — is so extraordinarily broad that it would provide retroactive immunity for all past telecom actions related to the surveillance program. Its practical effect, they argue, would be to shut down any independent judicial or state inquires into how the companies have assisted the government in eavesdropping on the telephone calls and e-mails of U.S. residents in the aftermath of the September 11 terror attacks. “It’s clear the goal is to kill our case," said Cindy Cohn, legal director of the Electronic Frontier Foundation, [which] filed the main lawsuit against the telecoms after The New York Times first disclosed, in December 2005, that President Bush had approved a secret program to monitor the phone conversations of U.S. residents without first seeking judicial warrants. “I find it a little shocking that Congress would participate in the covering up of what has been going on," added Cohn.

Looking for signs of "stress, fear and deception" among the hundreds of passengers shuffling past him at Orlando International Airport one day last month, security screener Edgar Medina immediately focused on four casually dressed men trying to catch a flight to Minneapolis. One of the men, in particular, was giving obvious signs of trying to hide something, Medina said. After obtaining the passengers' ID cards and boarding passes, the Transportation Security Administration officer quickly determined the men were illegal immigrants traveling with fake Florida driver's licenses. They were detained. The otherwise mundane arrests Aug. 13 illustrated an increasingly popular tactic in the government's effort to fight terrorism: detecting lawbreakers or potential terrorists by their behavior. The TSA has embraced the strategy, training 600 of its screeners ... in detection techniques. The TSA's teams are the most publicly acknowledged effort by the government or the private sector to come up with strategies and technology to detect lawbreakers or terrorists before they commit a crime. Other technologies under development or being deployed include machines that detect stress in voices and software that scans video images to match the faces of passengers with those of known terrorists. The government is testing other technology that can see through clothing with ... electromagnetic waves. TSA's growing reliance on detecting behavior and the close study of passengers' expressions concerns civil liberties groups and members of Congress. "The problem is behavioral characteristics will be found where you look for them," said John Reinstein, legal director of the American Civil Liberties Union of Massachusetts.

Li Runsen, the powerful technology director of China’s ministry of public security, is best known for leading Project Golden Shield, China’s intensive effort to strengthen police control over the Internet. But last month Mr. Li took an additional title: director for China Security and Surveillance Technology, a fast-growing company that installs and sometimes operates surveillance systems for Chinese police agencies, jails and banks, among other customers. The company has just been approved for a listing on the New York Stock Exchange. The company’s listing and Mr. Li’s membership on its board are just the latest signs of ever-closer ties among Wall Street, surveillance companies and the Chinese government’s security apparatus. Wall Street analysts now follow the growth of companies that install surveillance systems providing Chinese police stations with 24-hour video feeds from nearby Internet cafes. Hedge fund money from the United States has paid for the development of not just better video cameras, but face-recognition software and even newer behavior-recognition software designed to spot the beginnings of a street protest and notify police. Executives of Chinese surveillance companies say they are helping their government reduce street crime, preserve social stability and prevent terrorism. They note that London has a more sophisticated surveillance system, although the Chinese system will soon be far more extensive. Wall Street executives also defend the industry as necessary to keep the peace at a time of rapid change in China. They point out that New York has begun experimenting with surveillance cameras in Lower Manhattan and other areas of the city.

Traditionally, powerful spy satellites have been used to search for strategic threats overseas. But now the Department of Homeland Security has developed a new office to use the satellites to [monitor the US itself]. [DHS] officials ... faced extensive criticism [in Congress] about the privacy and civil liberty concerns of the new office, called the National Applications Office. [House Homeland Security] Committee members expressed concern about abuse of the satellite imagery, charging that Homeland Security had not informed the oversight committee about the program. "What's most disturbing is learning about it from The Wall Street Journal," said Committee Chairman Rep. Bennie Thompson, D-Miss. The lawmakers also expressed concern about using military capabilities for U.S. law enforcement and Homeland Security operations, potentially a violation of the Posse Comitatus Act, which bars the military from serving as a law enforcement body within the United States. Committee members said that in addition to not being informed about the National Applications Office program, they had not yet been provided with documents defining the limits and legal guidance about the program. [They] sent a letter to Homeland Security saying, "We are so concerned that ... we are calling for a moratorium on the program. Today's testimony made clear that there is effectively no legal framework governing the domestic use of satellite imagery for the various purposes envisioned by the department."

The ability to blend vast databases containing personal information -- and the sophistication of tracking devices that can announce your presence along with myriad vital statistics when you cross a bridge or enter a room -- have brought Americans to a crossroads. Do we shrug and concede that privacy is lost -- "get over it," as one titan of tech declared so bluntly? Or do we look for ways to draw the line, to identify means and places where employers and governments should not dare to tread? One such place: Our bodies. Life has begun to imitate art -- as in the futuristic film "Minority Report" -- with the refinement of toothpick-thick microchips that can be implanted in your arm and packed with loads of personally identifiable information that can be beamed to the world. These radio-frequency identification (RFID) devices -- or "talking bar codes" -- amount to miniature antennas that transmit the types of information that might otherwise be held on a swipe card. Even if you've shrugged through the debates about warrantless wiretapping and said "what the heck" at the prospect that everything from your spending habits to your Web site travels are being compiled and crunched for commercial purposes, you might think twice about letting your employer insert a microchip under your skin as a condition of getting a job. As of today, it is both a technical and a legal possibility. Just last year, a ... provider of video-surveillance equipment inserted ... microchips into the arms of two employees. Those two workers volunteered, but it's not hard to imagine the lightbulbs going off in Corporate America. Is Joe really making a sales call or is he taking in a baseball game at AT&T Park? How many smoke breaks is Mary taking? Amazingly, there is no California law against "chipping" workers as a condition of employment.

Note: For many reliable reports from the major media on the potential dangers of microchips, click here.

The Bush administration ... plans to turn again to a legal tool, the “state secrets” privilege, to try to stop a suit against a Belgian banking cooperative [known as Swift] that secretly supplied millions of private financial records to the United States government. The “state secrets” privilege, allowing the government to shut down litigation on national security grounds, was once rarely used. The Bush administration has turned to it more than 30 times, seeking to end public discussion of cases like the claims of an F.B.I. whistle-blower and the abduction of a German terrorism suspect. Most notably, the administration has sought to use the privilege to kill numerous suits against telecommunications carriers over the National Security Agency’s eavesdropping program. Swift is considered the nerve center of the global banking industry, routing trillions of dollars each day among banks, brokerage houses and other financial institutions. Its partnership with Washington ... gave Central Intelligence Agency and Treasury Department officials access to millions of records on international banking transactions. Months after the Sept. 11, 2001, attacks, Swift began turning over large chunks of its database in response to a series of unusually broad subpoenas from the Treasury Department. Two American banking customers ... sued Swift on invasion-of-privacy grounds. [Steven E. Schwarz, the lawyer for the plaintiffs, said the Swift program] “is an Orwellian example of government overreaching and unfettered access to private financial information that is not consistent with the values upon which our country was founded. We’ve seen a real erosion of the ‘state secrets’ privilege in the last year. I think it is from overuse. We’ve seen it used in record numbers, in situations where it was inappropriate, and the courts are starting to recognize that.”

The FBI is taking cues from the CIA to recruit thousands of covert informants in the United States as part of a sprawling effort to boost its intelligence capabilities. According to a recent unclassified report to Congress, the FBI expects its informants to provide secrets about possible terrorists and foreign spies, although some may also be expected to aid with criminal investigations, in the tradition of law enforcement confidential informants. The FBI said the push was driven by a 2004 directive from President Bush ordering the bureau to improve its counterterrorism efforts by boosting its human intelligence capabilities. The aggressive push for more secret informants appears to be part of a new effort to grow its intelligence and counterterrorism efforts. Other recent proposals include expanding its collection and analysis of data on U.S. persons, retaining years' worth of Americans' phone records and even increasing so-called "black bag" secret entry operations. To handle the increase in so-called human sources, the FBI also plans to overhaul its database system, so it can manage records and verify the accuracy of information from "more than 15,000" informants, according to the document. The bureau has arranged to use elements of CIA training to teach FBI agents about "Source Targeting and Development," the report states. The courses will train FBI special agents on the "comprehensive tradecraft" needed to identify, recruit and manage these "confidential human sources."

The Bush administration acknowledged for the first time that telecommunications companies assisted the government's warrantless surveillance program and were being sued as a result, an admission some legal experts say could complicate the government's bid to halt numerous lawsuits challenging the program's legality. "[U]nder the president's program, the terrorist surveillance program, the private sector had assisted us," Director of National Intelligence Mike McConnell said in an interview with the El Paso Times. His statement could help plaintiffs in dozens of lawsuits against the telecom companies, which allege that the companies participated in a wiretapping program that violated Americans' privacy rights. David Kris, a former Justice Department official, ... said McConnell's admission makes it difficult to argue that the phone companies' cooperation with the government is a state secret. "It's going to be tough to continue to call it 'alleged' when he's just admitted it," Kris said. McConnell has just added to "the list of publicly available facts that are no longer state secrets," increasing the plaintiffs' chances that their cases can proceed, Kris said. McConnell's statement "does serious damage to the government's state secrets claims that are at the heart of its defenses," said Greg Nojeim, senior counsel at the Center for Democracy and Technology. Bruce Fein, an associate deputy attorney general in the Reagan administration, said that McConnell's disclosure shows that "an important element of a program can be discussed publicly and openly without endangering the nation. These Cassandran cries that the earth is going to fall every time you have a discussion simply are not borne out by the facts," he said.

The Department of Homeland Security is funneling millions of dollars to local governments nationwide for purchasing high-tech video camera networks, accelerating the rise of a "surveillance society" in which the sense of freedom that stems from being anonymous in public will be lost, privacy rights advocates warn. The department ... has doled out millions on surveillance cameras, transforming city streets and parks into places under constant observation. A Globe [investigation] shows that a large number of new surveillance systems, costing at least tens and probably hundreds of millions of dollars, are being simultaneously installed around the country as part of homeland security grants. Federal money is helping New York, Baltimore, and Chicago build massive surveillance systems that may also link thousands of privately owned security cameras. Boston has installed about 500 cameras in the MBTA system, funded in part with homeland security funds. Marc Rotenberg, director of the Electronic Privacy Information Center, said [the] Homeland Security Department is the primary driver in spreading surveillance cameras, making their adoption more attractive by offering federal money to city and state leaders. The proliferation of cameras could mean that Americans will feel less free because legal public behavior -- attending a political rally, entering a doctor's office, or even joking with friends in a park -- will leave a permanent record, retrievable by authorities at any time.

Broad new surveillance powers approved by Congress this month could allow the Bush administration to conduct spy operations that go well beyond wiretapping to include — without court approval — certain types of physical searches on American soil and the collection of Americans’ business records. “This may give the administration even more authority than people thought,” said David Kris, a former senior Justice Department lawyer in the Bush and Clinton administrations. Several legal experts said that by redefining the meaning of “electronic surveillance,” the new law narrows the types of communications covered in the Foreign Intelligence Surveillance Act, known as FISA, by indirectly giving the government the power to use intelligence collection methods far beyond wiretapping that previously required court approval if conducted inside the United States. These new powers include the collection of business records, physical searches and so-called “trap and trace” operations, analyzing specific calling patterns. For instance, the legislation would allow the government, under certain circumstances, to demand the business records of an American in Chicago without a warrant if it asserts that the search concerns its surveillance of a person who is in Paris, experts said. Some civil rights advocates said they suspected that the administration made the language of the bill intentionally vague to allow it even broader discretion over wiretapping decisions. The end result ... is that the legislation may grant the government the right to collect a range of information on American citizens inside the United States without warrants, as long as the administration asserts that the spying concerns the monitoring of a person believed to be overseas.

The Defense Intelligence Agency is preparing to pay private contractors up to $1 billion to conduct core intelligence tasks of analysis and collection over the next five years, an amount that would set a record in the outsourcing of such functions by the Pentagon's top spying agency. The proposed contracts ... reflect a continuing expansion of the Defense Department's intelligence-related work and fit a well-established pattern of Bush administration transfers of government work to private contractors. Since 2000, the value of federal contracts signed by all agencies each year has more than doubled to reach $412 billion, with the largest growth at the Defense Department. Outsourcing particularly accelerated among intelligence agencies after the [Sept. 11] 2001 terrorist attacks. The DIA's action comes a few months after CIA Director Michael V. Hayden, acting under pressure from Congress, announced a program to cut the agency's hiring of outside contractors by at least 10 percent. The DIA is the country's major manager and producer of foreign military intelligence, with more than 11,000 military and civilian employees worldwide and a budget of nearly $1 billion. It has its own analysts from the various services as well as collectors of human intelligence in the Defense HUMINT Service. DIA also manages the Defense attaches stationed in embassies all over the world. Unlike the CIA, the DIA outsources the major analytical products known as all-source intelligence reports, a senior intelligence official said.

The Bush administration has approved a plan to expand domestic access to some of the most powerful tools of 21st-century spycraft, giving law enforcement officials and others the ability to view data obtained from satellite and aircraft sensors that can see through cloud cover and even penetrate buildings and underground bunkers. A program approved by the Office of the Director of National Intelligence and the Department of Homeland Security will allow broader domestic use of secret overhead imagery beginning as early as this fall, with the expectation that state and local law enforcement officials will eventually be able to tap into technology once largely restricted to foreign surveillance. But the program ... quickly provoked opposition from civil liberties advocates, who said the government is crossing a well-established line against the use of military assets in domestic law enforcement. The administration's decision would provide domestic authorities with unprecedented access to high-resolution, real-time satellite photos. They could also have access to much more. Civil liberties groups quickly condemned the move, which Kate Martin, director of the Center for National Security Studies, ... likened to "Big Brother in the sky. They want to turn these enormous spy capabilities ... onto Americans. They are laying the bricks one at a time for a police state." Steven Aftergood, director of the Project on Government Secrecy for the Federation of American Scientists, said that ... oversight for the program was woefully inadequate. Enhanced access "shouldn't be adopted at all costs because it comes with risk to privacy and to the integrity of our political institutions," he said.

At least 20,000 police surveillance cameras are being installed along streets here [in Shenzhen] in southern China and will soon be guided by sophisticated computer software from an American-financed company to recognize automatically the faces of police suspects and detect unusual activity. Starting this month in a port neighborhood and then spreading across Shenzhen, a city of 12.4 million people, residency cards fitted with powerful computer chips programmed by the same company will be issued to most citizens. Data on the chip will include not just the citizen’s name and address but also work history, educational background, religion, ethnicity, police record, medical insurance status and landlord’s phone number. Even personal reproductive history will be included, for enforcement of China’s controversial “one child” policy. Plans are being studied to add credit histories, subway travel payments and small purchases charged to the card. Security experts describe China’s plans as the world’s largest effort to meld cutting-edge computer technology with police work to track the activities of a population. But they say the technology can be used to violate civil rights. “We have a very good relationship with U.S. companies like I.B.M., Cisco, H.P., Dell,” said Robin Huang, the chief operating officer of China Public Security. “All of these U.S. companies work with us to build our system together.” The role of American companies in helping Chinese security forces has periodically been controversial in the United States. Executives from Yahoo, Google, Microsoft and Cisco Systems testified in February 2006 at a Congressional hearing called to review whether they had deliberately designed their systems to help the Chinese state muzzle dissidents on the Internet; they denied having done so.

The Bush administration plans to leave oversight of its expanded foreign eavesdropping program to the same government officials who supervise the surveillance activities and to the intelligence personnel who carry them out, senior government officials said yesterday. The law, which permits intercepting Americans' calls and e-mails without a warrant if the communications involve overseas transmission, gives Director of National Intelligence Mike McConnell and Attorney General Alberto R. Gonzales responsibility for creating the broad procedures determining whose telephone calls and e-mails are collected. It also gives McConnell and Gonzales the role of assessing compliance with those procedures. The law ... does not contain provisions for outside oversight -- unlike an earlier House measure that called for audits every 60 days by the Justice Department's inspector general. The controversial changes to the 1978 Foreign Intelligence Surveillance Act were approved by both chambers of the Democratic-controlled Congress despite privacy concerns raised by Democratic leaders and civil liberties advocacy groups. Central to the new program is the collection of foreign intelligence from "communication service providers," which the officials declined to identify, citing secrecy concerns. Under the new law, the attorney general is required to draw up the governing procedures for surveillance activity, for approval by the Foreign Intelligence Surveillance Court. Once the procedures are established, the attorney general and director of national intelligence will formally certify that the collection of data is authorized. But the certification will be placed under seal "unless the certification is necessary to determine the legality of the acquisition," according to the law signed by Bush.

The Bush administration rushed to defend new espionage legislation Monday amid growing concern that the changes could lead to increased spying by U.S. intelligence agencies on American citizens. But officials declined to provide details about how the new capabilities might be used by the National Security Agency and other spy services. And in many cases, they could point only to internal monitoring mechanisms to prevent abuse of the new rules that appear to give the government greater authority to tap into the traffic flowing across U.S. telecommunications networks. Officials rejected assertions that the new capabilities would enable the government to cast electronic "drift nets" that might ensnare U.S. citizens [and] that the new legislation would amount to the expansion of a controversial — and critics contend unconstitutional — warrantless wiretapping program that President Bush authorized after the 9/11 attacks. Intelligence experts said there were an array of provisions in the new legislation that appeared to make it possible for the government to engage in intelligence-collection activities that the Bush administration officials were discounting. "They are trying to shift the terms of the debate to their intentions and away from the meaning of the new law," said Steven Aftergood, an intelligence policy analyst at the Federation of American Scientists. "The new law gives them authority to do far more than simply surveil foreign communications abroad," he said. "It expands the surveillance program beyond terrorism to encompass foreign intelligence. It permits the monitoring of communications of a U.S. person as long as he or she is not the primary target. And it effectively removes judicial supervision of the surveillance process."

It was appalling to watch over the last few days as Congress — now led by Democrats — caved in to yet another unnecessary and dangerous expansion of President Bush’s powers, this time to spy on Americans in violation of basic constitutional rights. Many of the 16 Democrats in the Senate and 41 in the House who voted for the bill said that they had acted in the name of national security, but the only security at play was their job security. What [do] the Democrats ... plan to do with their majority in Congress if they are too scared of Republican campaign ads to use it to protect the Constitution and restrain an out-of-control president[?] The White House and its allies on Capitol Hill railroaded Congress into voting a vast expansion of the president’s powers. They gave the director of national intelligence and the attorney general authority to intercept — without warrant, court supervision or accountability — any telephone call or e-mail message that moves in, out of or through the United States as long as there is a “reasonable belief” that one party is not in the United States. While serving little purpose, the new law has real dangers. It would allow the government to intercept, without a warrant, every communication into or out of any country, including the United States. The Democratic majority has made strides on other issues like children’s health insurance against White House opposition. As important as these measures are, they do not excuse the Democrats from remedying the damage Mr. Bush has done to civil liberties and the Bill of Rights. That is their most important duty.

President Bush signed into law ... legislation that broadly [expands] the government’s authority to eavesdrop on the international telephone calls and e-mail messages of American citizens without warrants. The law [goes] far beyond the small fixes that administration officials had said were needed to gather information about foreign terrorists [and will] sharply alter the legal limits on the government’s ability to monitor millions of phone calls and e-mail messages going in and out of the United States. The new law for the first time [provides] a legal framework for much of the surveillance without warrants that was being conducted in secret by the National Security Agency and outside the Foreign Intelligence Surveillance Act, the 1978 law that is supposed to regulate the way the government can listen to the private communications of American citizens. “This more or less legalizes the N.S.A. program,” said Kate Martin, director of the Center for National Security Studies in Washington. Previously, the government needed search warrants approved by a special intelligence court to eavesdrop on ... electronic communications between individuals inside the United States and people overseas. The new law gives the attorney general and the director of national intelligence the power to approve the international surveillance, rather than the special intelligence court. The law also gave the administration greater power to force telecommunications companies to cooperate with such spying operations. The companies can now be compelled to cooperate by orders from the attorney general and the director of national intelligence.

A federal intelligence court judge earlier this year secretly declared a key element of the Bush administration's wiretapping efforts illegal, according to a lawmaker and government sources, providing a previously unstated rationale for fevered efforts by congressional lawmakers this week to expand the president's spying powers. House Minority Leader John A. Boehner (R-Ohio) disclosed elements of the court's decision in remarks ... to Fox News as he was promoting the administration-backed wiretapping legislation. The judge, whose name could not be learned, concluded early this year that the government had overstepped its authority in attempting to broadly surveil communications between two locations overseas that are passed through routing stations in the United States. The decision was both a political and practical blow to the administration, which had long held that all of the National Security Agency's enhanced surveillance efforts since 2001 were legal. The administration for years had declined to subject those efforts to the jurisdiction of the Foreign Intelligence Surveillance Court, and after it finally did so in January the court ruled that the administration's legal judgment was at least partly wrong. The practical effect has been to block the NSA's efforts to collect information from a large volume of foreign calls and e-mails that passes through U.S. communications nodes clustered around New York and California. Both Democrats and Republicans have signaled they are eager to fix that problem through amendments to the Foreign Intelligence Surveillance Act (FISA). An unstated facet of the program is that anyone the foreigner is calling inside the United States, as long as that person is not the primary target, would also be wiretapped.

Since the 9/11 terrorist attacks, the Bush administration has repeatedly demonstrated that it does not feel bound by the law or the Constitution. It cannot even be trusted to properly use the enhanced powers it was legally granted after the attacks. Yet, once again, President Bush has been trying to stampede Congress into a completely unnecessary expansion of his power to spy on Americans. The fight is over the 1978 Foreign Intelligence Surveillance Act, which requires the government to obtain a warrant before eavesdropping on electronic communications that involve someone in the United States. Mr. Bush decided after 9/11 that he was no longer going to obey that law. He authorized the National Security Agency to intercept international telephone calls and e-mail messages of Americans and other residents of this country without a court order. He told the public nothing and Congress next to nothing about what he was doing, until The Times disclosed the spying in December 2005. Ever since, the White House has tried to pressure Congress into legalizing Mr. Bush’s rogue operation. The administration and its ... supporters in Congress argue that American intelligence is blinded by FISA and have seized on neatly timed warnings of heightened terrorist activity to scare everyone. It is vital for Americans, especially lawmakers, to resist that argument. It is pure propaganda. [The question at issue is] whether we are a nation ruled by law, or the whims of men in power.

Highly sensitive information about the religious beliefs, political opinions and even the sex life of Britons travelling to the United States is to be made available to US authorities when the European Commission agrees to a new system of checking passengers. The EC is in the final stages of agreeing a new Passenger Name Record system with the US which will allow American officials to access detailed biographical information about passengers entering international airports. Civil liberty groups warn it will have serious consequences for European passengers. In a strongly worded document drawn up in response to the plan that will affect the 4 million-plus Britons who travel to the US every year, the EU parliament said it 'notes with concern that sensitive data (ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning the health or sex life of individuals) will be made available to the DHS.' The US will be able to hold the records of European passengers for 15 years compared with the current three year limit. The EU parliament said it was concerned the data would lead to 'a significant risk of massive profiling and data mining, which is incompatible with basic European principles and is a practice still under discussion in the US congress.' Peter Hustinx, the European Data Protection Supervisor, has written to the EC expressing his 'grave concern' at the plan, which he describes as 'without legal precedent' and one that puts 'European data protection rights at risk'. Hustinx warns: 'Data on EU citizens will be readily accessible to a broad range of US agencies and there is no limitation to what US authorities are allowed to do with the data.'

Important Note: Explore our full index to revealing excerpts of key major media news stories on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.